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Ray, Lawyer
Category: Legal
Satisfied Customers: 37044
Experience:  30 years in civil, probate, real estate, elder law
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I am spouse trustee of CA trust.........and nominated

Customer Question

I am spouse trustee of CA trust.........and nominated executor for will. I have completed all trust duties.....but am planning to refuse confirmation as executor of will. will has tangible assets in CA property and I live in GA. As a non resident executor
I would be required to travel to CA and I do not want that responsibility The son and daughter are s listed in the will as potential second executors if spouse is unavailable. They do not want executor position. QUESTION- I want to ensure I have the legal
right to refuse executor position.....and right to ask for assignment of court referee. Please cite code numbers
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. You can decline to be appointed here.The following form is filed in the Superior Court where the person is deceased.

After 30 days here you are presumed to have waived it or you can sign disclaimer.

8001. Unless good cause for delay is shown, if a person named in awill as executor fails to petition the court for administration ofthe estate within 30 days after the person has knowledge of the deathof the decedent and that the person is named as executor, the personmay be held to have waived the right to appointment as personalrepresentative.


I, ____________________________________________________ named as the

Executor/Executrix of the will of _________________________________________,

do hereby decline to serve as Executor/Executrix of said will.

Dated this ____________ day of _____________________________, 20____.



STATE OF: _______________________________________________

COUNTY OF:_____________________________________________

I, ____________________________________________, a notary public in and for

said state, do hereby certify that __________________________________________,

whose name is ***** ***** the writing above, has this day acknowledged the same

before me.

Given under my hand this ___________ day of ________________________, 20___.

My Commission expires _______________________________________________.


Notary Public

Expert:  Ray replied 1 year ago.

You can renounce your rights as executor and decline to act by simply signing and having notarized a renunciation and filing it with the Surrogate’s Court as I set out above.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

The court will then assign the probate referee to act as executor.Probate Referees are qualified appraisers who have passed stringent education and testing requirements and are appointed by the California State Controller's Office to act as probate referees for each county.